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2009 Supreme(Bom) 969

NISHITA MHATRE
SUBHADRA NIVRUTTI DHERE – Appellant
Versus
SHANKAR DIGAMBAR DIXIT, DECD – Respondent


( 1 ) THE petitioners are aggrieved by the order passed by the Maharashtra Revenue Tribunal, Pune in revision Application No. MRT-SH-III-2-1992 on 12th september, 1994. Shankar Digambar Dixit was the owner of the lands which were part of Survey No. 434 situated at Village Pangaon, Tal. Barshi, Dist. Solapur. The petitioners are the tenants in respect of the said lands. On 6th June, 1961, Shankar digambar Dixit sought an exemption certificate under section 88c of the Bombay Tenancy and Agricultural lands Act, 1948 (in short " the said Act" ). This application was dismissed by the Tahsildar, Barshi. An Appeal was preferred by the owner which was allowed on 12th December, 1964. The matter was then remanded to the Tahsildar for disposing it of in accordance with law. The proceedings were dismissed again by the Tahsildar and an Appeal was preferred before the Deputy Collector. That Appeal was dismissed on 19th April, 1968 pursuant to which the landlord filed Writ Petition No. 2729 of 1968. The petition was allowed and the matter was remanded by the High Court for a fresh hearing.

( 2 ) ON 16th September, 1977, an exemption certificate was granted to the landlord in TNC Case no. 46 of 19












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